RAMCHANDRA ANANT NANIWADEKAR Vs. ASST. SUPERINTENDENT

JUDGEMENT

(1.) This petition challenges an order dtd. 8/8/2006 passed by the learned Civil Judge, Senior Division, Kolhapur in Civil Miscellaneous Application No.121 of 2005, whereby the Petitioners were called upon to calculate court fees on the basis of the market value of the shares mentioned in the said Civil Miscellaneous Application No.121 of 2005.

(2.) Brief Facts:- The Petitioners made an application for grant of succession certifcate in respect of shares of the deceased-father of the Petitioners. On 19/9/2003, the succession certifcate was granted by calculating court fees of Rs.12,220.00 based on the face value of the shares specifed in Schedule-A to the said application. Thereafter, on 4/4/2005, the Petitioners fled Civil Miscellaneous Application No.121 of 2005 for extension of succession certifcate in respect of shares of 2 more companies which came to the notice of the Petitioners after the issue of succession certifcate. The said Civil Miscellaneous Application No.121 of 2005 was allowed by the learned Civil Judge, Senior Division, Kolhapur on 28/4/2006 and on 2/8/2006, the succession certifcate was extended to the additional shares of these 2 companies. Later on the succession certifcate dtd. 2/8/2006 was recalled for the purpose of calculation of court fee on the market value as against the court fee paid on the face value of the shares which were subject matter of the succession certifcate. Being aggrieved by the said recall, the present petition is fled for quashing of the recalling order.

(3.) Heard learned counsel for the Petitioners and the Respondents and have perused the records of the petition.